MISSISSIPPI SLIP AND FALL LAWYER

On
any given day, you may find yourself on someone else’s premises. Whether it is
at work, out shopping, visiting a neighbor, staying at a hotel, or attending a
party, we spend a lot of time in places where another party is responsible for
the upkeep of the property. When hazardous and dangerous conditions exist on
these properties, accidents sometimes occur. Slips and falls are among the most
common types of premises liability accidents.

Tens
of thousands of individuals are injured in slip and fall accidents every year.
Slips, trips, and falls happen frequently; and many times, only minor injuries
occur as a result. Sometimes, however, the injury can be more severe. When this
happens on the property of another party that failed to take the necessary steps
to ensure that it was safe, injured parties deserve to be compensated.

If
you or a loved one was injured on the property of another party, it is
important to speak with an experienced attorney to review your case and go over
your legal options. At the Gardner Law Firm, we have successfully represented
victims injured in slip and fall accidents in Mississippi since 1979. We have
in-depth knowledge of premises liability law, and we put our extensive
experience to work to help ensure that our clients receive full and fair
compensation.

Premises
liability is a complex area of the law. There are many factors that can impact
the outcome with these types of cases, and a thorough investigation is needed
to gather key facts and pieces of evidence that will often make the difference
between success and failure. We have handled countless slip and fall claims,
and we know what it takes to build a winning case.

Slip and Fall
Injuries in Mississippi

The
National
Floor Safety Institute reports that slips and falls result in more
than one million emergency room visits each year. These incidents can happen
just about anywhere. Some common places where slips, trips, and falls occur
include:

Malls and Retail
Stores

Restaurants

Grocery Stores

Home Improvement
Stores

Hotels and Resorts

Casinos

Arenas and
Stadiums

Amusement Parks

Construction Sites

Warehouses

Nursing Homes

Schools and
Playgrounds

Daycare Centers

Office Buildings

Municipal
Properties

Nursing Homes

Apartment
Buildings

Private Residences

Property
owners and caretakers owe a duty of care to take reasonable steps to ensure
that a property is safe and to adequately warn visitors of known hazards.
Unfortunately, owners and caretakers often fail to properly address hazards
that exist on their premises.

Some
common examples of hazardous conditions that frequently go unaddressed include:

Carpeting or
flooring that is loose, torn or missing;

Handrails that are
loose or broken;

Poorly lit areas;

Flooring that has
inadequate transitions;

Flooring that is
wet or slippery;

Stairways that are
too narrow or otherwise unsafe;

Faulty or
malfunctioning elevators and escalators;

Supplies,
materials or debris that clutter a walkway;

Sidewalks and
parking areas that are cracked, have overgrown vegetation, or are otherwise
unkept;

Building code
violations.

Slip
and fall accidents resulting from property hazards can cause serious and even
catastrophic injuries, such as:

Scrapes, cuts, and
bruises

Head and brain
injuries

Back and neck
injuries

Spinal cord
injuries

Fractures/broken
bones

Soft tissue
injuries

Internal injuries

Do You Have a Case
for Damages from your Slip and Fall Injury?

Proving
damages in premises liability cases can be challenging. The first step is to
determine what type of visitor you were when you were injured on the property.
Your status falls into one of three categories:

Invitee: These are visitors who have been invited
to be onto the premises. Examples include customers at a restaurant or retail
establishment, guests of a hotel or resort, tenants, and employees. Owners and
caretakers owe the highest duty of care to invitees. They are required to
exercise reasonable care and maintenance to keep their premises safe and free
of hazards.

Licensees: These are visitors who have implied
permission to enter a property. This could be a neighbor, a social guest, a
mail or parcel carrier, or an invited salesperson. Owners and caretakers owe a
slightly lower duty of care to licensees. They must properly warn them of known
hazards and refrain from any willful or wanton misconduct that could harm them.

Trespassers: A trespasser does not have permission to
be on a property. As such, owners and caretakers owe very little duty of care
to individuals in this category. The only obligation they have is to refrain
from wanton or willful misconduct or entrapment.

If
you were an invitee or licensee, you may have a case depending on the
circumstances that caused your accident. If you were a trespasser, you have
very little legal ground to stand on, although there are very rare cases in
which a trespasser may be able to recover damages.

Just
being an invitee or licensee does not necessarily mean your case will be
successful. Slip and fall cases are known for having a high number of frivolous
claims, and owners and caretakers are on guard for this type of claim. When an
injury occurs, it is highly likely that they will claim it was your fault.

They
may use various defenses, such as claiming that the hazard or dangerous
condition was clearly marked, “open and obvious” to a reasonable person, or
that you simply were not watching where you were going. They may also deny
knowledge of the danger or hazard or say that your injury occurred while you
were in an area of the property that was restricted.

Because
your claim is likely to be fiercely challenged, it is important to take certain
steps to help prove that the owner or caretaker was responsible. After an accident
occurs, take multiple photos of the area showing the hazard or dangerous
condition that caused it. If you are physically unable to do so, have someone
who is with you take photos (if possible). Also, be sure to obtain the contact
information for any individuals nearby who may have witnessed the event.
Finally, get in touch with an attorney who has specific experience with these
types of cases.

Mississippi
has a three-year statute of limitations for premises liability claims, and the
statute of limitations is only one year if the incident occurred on a
government property. For this reason, it is important to take action as soon as
possible if you are considering filing an injury claim.

Speak with the
Experienced Slip and Fall Attorneys at The Gardner Law Firm

For
the past four decades, the Gardner Law Firm has successfully handled premises
liability cases for clients in Biloxi, Pascagoula, and all along Mississippi’s
Gulf Coast. We are skilled litigators and strong negotiators. Whenever
possible, we seek to negotiate a settlement for full and fair compensation.
However, if the other side is not willing to negotiate in good faith, we are
ready and able to aggressively pursue damages through litigation.

For a free consultation with one of our Mississippi personal injury attorneys, call our office today at 228-436-6555. You may also send us a message through our web contact form.

We handle all
personal injury cases on a contingency basis – you only pay attorney fees if we
win your case

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James Clayton Gardner, Sr.

Attorney at Law

A founding member of the Gardner Law Firm, James Clayton Gardner, Sr. has been serving the people of the Mississippi Gulf Coast since 1978.

J. Brett Gardner

Attorney at Law

A second-generation member of the Gardner Law Firm, J. Brett Gardner grew up around the law and always knew he wanted to help people achieve justice.

Pascagoula

Hattiesburg

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.